Uttarakhand High Court
Shadab Ul Haq vs State Of Uttarakhand & Others on 17 September, 2025
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE MR. G. NARENDAR, C.J.
HON'BLE MR. ASHISH NAITHANI, J
Writ Petition (PIL) No. 150 of 2022
Shadab Ul Haq ...Petitioner
Versus
State of Uttarakhand & Others ...Respondents
Counsel for the petitioner Mr. Mr. Dushyant Mainali, learned
counsel through V.C.
Counsel for the State Mr. Mr. S. N. Babulkar, learned
Advocate General assisted by Mr. R.
S. Bisht, learned Additional C.S.C.
Counsel for respondent no. 4 Mr. Mr. B. D. Pande, learned counsel.
Mr. C. K. Sharma, learned counsel
Counsel for the respondent no.5
through V.C.
Counsel for the intervener Mr. Piyush Garg, learned counsel.
JUDGMENT :(per HON'BLE MR. G. NARENDAR, C.J.) Heard the learned counsel for the petitioner.
2. The Learned Advocate General for the State is requested to assist the Court in the matter, as this Court has proposed that parties can explore the possibility of recreating the burning of the Ravana's effigy by using modern technology in the form of LED bulbs and also appropriate sound systems. This Bench has proposed the same keeping in view that the act of 1 burning would necessarily pollute the air and the effigies that are burnt are huge caricatures and not small structure and in addition to that, the effigies are filled with crackers, which result not only noise pollution, but also air pollution too.
3. There is no dispute with regard to the fact that these are age-old practices and have been carried on since decades. Earlier the scale of celebrations was not to the extent that it is practiced in the present days. With the ever increasing population, the number of places, where such celebrations are carried out, have increased, which consequently, results in increase in the air & noise pollution.
4. Hence, the Court directs the Pollution Control Board and the Ministry of Environment and Forest, to analyse and attempt to create awareness amongst the general public with regard to the negative impact of burning huge effigies and bursting crackers. The threat of global warming is not an ideal threat and in fact the globe has been facing the aftermath of the increased global warming.
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5. That apart, the present series of disaster on account of natural calamities and the following disaster are to be looked at as eye-openers for the State and it is time that the State started investing more of time and resources into managing the effects of global warming and also reducing emissions, which is also an avowed policy of the Union.
6. In that view, the supplementary affidavit filed by intervener is taken on record. The intervener has deposed in paragraph nos.5 to 18 reads as under:-
"5. That the said ground above is being used since 2017 for the purpose of Dussehra festival and burning of effigy of Ravana.
6. That this year, Dussehra is to fall on 02.10.2025. The M.P. Inter College ground is required for the purpose of organizing the Dussehra function, specifically for the burning of the effigy of Ravana. This activity is a religious activity and is entirely non-commercial. The same would be required for Dussehera only.
7. That celebrating Dusshera by burning effigy of Ravana is part of customary religious act and is closely associated with the religious sentiments and religious beliefs of the public at large. This practice of burning of effigy is observed in almost all the 3 cities across entire state of Uttarakhand in the accordance of directions.
8. That a Miscellaneous Application (IA No.09 of 2025) in Intervention Application (IA No.04 of 2024) came to be filed by the Applicant/Intervener on behalf of Ramleela Committee, Ramnagar seeking permission to burn such effigy of Ravana in the said ground of M.P. Hindu Inter College on 02.10.2025, which is a continued act for several years.
9. That Sub-Divisional Magistrate, Ramnagar issued a communication dated 09.09.2025 where he has observed that permission to burn effigy in the said filed cannot be granted unless there is a permission for this said effect being granted by the Hon'ble court in the present matter. The S.D.M. has further recorded that no complaints were received and was reported from any corner post burning of effigy in the previous year. A copy of the said report of S.D.M. is annexed herewith and marked as ANNEXURE NO.SA 1 to this affidavit.
10. That the present Miscellaneous Application No. 09 of 2025 came up for hearing on 15.09.2025 on which date during the course of argument, it is transpired by the Hon'ble Court that the Applicant/Intervener is supposed to give the complete details of the size etc. of the effigy to be 4 burnt on the occasion of Dussehra.
11. That the Applicant/Intervener is the Secretary of the Sri Ramleela Committee, Ramnagar, District Nainital (A Society Registered under the provisions of the Society Registration Act) and as on date has 18 members in the managing committee.
12. That the Applicant/Intervener telephonically consulted all such 18 members in that respect and is authorised to give an undertaking that the effigy to be burnt on the occasion of the Dusshera in the ground of M.P. Hindu Inter College on 02.10.2025 would be approximately 72 feet.
13. That the frame of the said effigy would be made of bamboo sticks and will be covered with brown paper, newspaper and coloured packing paper and no polluting chemical would be used for the purposes of making of such effigy.
14. That the effigy would contain only one dash of crackers i.e., 5000 shots garland cracker and no other crackers shall be used in the said effigy.
15. That even the husk will not be filled inside the effigy and some small portion of husk (Paddy) at the bottom of the effigy just to ignite the fire will be used. The effigy would be shallow from inside.
16. That the effigy will take approximately three minutes to get completely burnt.
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17. That the Applicant/Intervener shall ensure complete safety of the public and the ground on the said occasion and will ensure that the administration is being well informed of the schedule and the volunteers would be deployed to manage and organise function.
18. That the Applicant/Intervener shall ensure that any practical and reasonable condition imposed by the local administration, in addition to the above, shall be duly complied with."
7. At the time of hearing, the learned counsel for the intervener would submit that though it is stated in the paragraph no.14 that they would be using 5000 shots cracker garland, the organizers have now decided against using any crackers or explosive material inside the effigy and that the effigy would also be made up of purely bamboo sticks and paper and that no material of any chemical composition would be used in the same.
8. In that view, we direct the District Magistrate, Nainital and the Senior Superintendent of Police, Nainital to ensure that the celebration is conducted in accordance with the undertaking given to this Court and it is open for the District Magistrate and the Senior Superintendent of Police to impose such conditions as 6 they deem necessary to ensure the safety and security of not only the participants, but also the bystanders and spectators.
9. The organizers shall strictly abide by the conditions that may be imposed. It is made clear that permission is only for the proposed celebration on 02.10.2025 and we further direct the Ministry of Environment and Forest and the State Pollution Control Board to conduct an audit of the air pollution caused by such burning of effigies and submit a report to this Court within four weeks thereafter.
10. The Ministry shall undertake the exercise of conducting an awareness drive with regard to the ills and the negative impact of the burning of wood and bamboo and wide use of explosives and the crackers and shall also ensure that by 2026 such events are celebrated with the aid and use of technology like re- creating the effigy burning and accompanying sound effects by erecting LED screens or such other technology, as the Ministry of Forest and Environment and the Pollution Control Board may suggest. 7
11. The District Magistrate, Nainital and the Senior Superintendent of Police, Nainital shall ensure that no commercial activity shall be permitted on the playground of M.P. Hindu Inter College. If the organizers wish to provide any refreshment so, it shall be done free of cost or at the cost of the organizers and no stalls for whatever purpose shall be permitted to be established on the ground and the permission is only for 02.10.2025.
12. That apart, we have also queried the District Magistrate, Nainital as to why this ground should not be developed by the Sports Authority. Every time, we Judges have been travelling, we find young boys and girls practicing/running on the road side. It is needless to say that the same is a risky proposition and it could lead to accidents, loss of life or limb, etc.
13. Hence, we direct the District Magistrate, Nainital to explore the possibility of having the grounds developed as a multipurpose stadium, which would serve the sports-minded children to develop their talent, it could house not only a cricket field but also something that could be used as a football and hockey 8 field and with an athletics track and provision for indoor games. Sport, as way of life and as a manner of livelihood, has occupied a prominent place in the present days. Hence, the District Magistrate, Nainital shall draw-up a proposal and place the same before this Court for report and compliance.
14. List this matter on 17.11.2025.
G. NARENDAR, C.J.
ASHISH NAITHANI, J.
Dt:17th September, 2025 NR/Akash 9